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HomeMy WebLinkAboutRES 2019-42A RE�C��UTDON OF u HL CITY COUNCI ►� ®F THE CITY OF DIAMOND BAR, CALIFOR��91A, APPROVING THE BREA CANYON BUSINESS PARK PROJEC�i NO. PL2017-169 CONSISTING OF A CONDITIONAL USE PERI�OI�, TENTATIVE PARCEL MAP NO. 82066, DEVELOPMEN�i REVIEW, PARKING PERMIT, AND COMPREHENSIVE SIGN PROGRAI�r�i (LOCATED AT 8�® S. BREA CANYON ROAD (ASSESSORS PARCEL NO. 8719-013-01 �). A. RECITALS 1. The property owner and applicant, Philip Lee of Lycoming, LLC, have filed an application (Planning Case No. PL2017-169) to build a new commercial development consisting of a 109-room, four-story hotel; a 47,642 square - foot, three-story office building; and an 8,900 square -foot, one level medical office building located on the east side of south Brea Canyon Road between Lycoming Street and SR-60 freeway. Hereinafter in this resolution, the subject components of the application shall be collectively referred to as the "Project." 2. The following approvals are requested of the City Council: (a) General Plan Amendment to change the land use designation from Professional Office (OP) to General Commercial (C). (b) Zone Change to change the zoning district from Light Industry (I) to Regional Commercial -Planned Development Overlay (C-3-PD). (c) Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the building height limit to allow a 64-foot high, four-story hotel and a 55- foot high, three-story office buildings (where 35 feet is the maximum allowed); reduce the parking requirement to allow 289 spaces (where 299 spaces are required); and deviate from the parking design standard by reducing the dimensions of 53 parking spaces to 8'X16' to allow for compact spaces (where 9'X19' is required). (d) Tentative Parcel Map to subdivide the subject parcel into four lots, and create air space condominium subdivisions for the two office buildings. The three-story office building will subdivide air space for 34 medical and general office units, and the one level medical office building will subdivide air space for two medical office units. (e) Development Review to approve the site and architectural designs of a new commercial development to ensure consistency with the General Plan, Development Code, and compliance with all applicable design guidelines and standards. (f) Parking Permit to share access and parking between the proposed parcels. (g) Comprehensive Sign Program to establish design criteria for all signage associated with the proposed buildings. 3. The subject property consists of one parcel totaling 249,022 gross square feet (5.73 acres). It is located in the Light Industry (1) zone with an underlying General Plan land use designation of Professional Office (OP). 4. The legal description of the subject property is Lots 7 and 79 of Parcel Map No. 33069. The Assessor's Parcel Number is 8719-013-017. 5. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on September 19, 2019, with the State Clearinghouse and the Los Angeles County Clerk. The notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The notice was also mailed to public agencies and residents who attended the community meeting hosted by the applicant. Pursuant to CEQA Section 15105, the 30-day public review period for the MND began on September 20, 2019, and ended October 19, 2019. 6. In accordance with CEQA Guidelines Section 15074, a Resolution approving the Mitigated Negative Declaration and adopting a Mitigation Reporting and Monitoring Program for the Project was reviewed by the City Council concurrently with this Resolution. 7. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on October 18, 2019. Public hearing notices were mailed to property owners within a 700400t radius of the project site and to residents who attended the community meeting hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City's designated community posting sites. 8. On October 30, 2019, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 9. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on November 8, 2019. Public hearing notices were mailed to property owners within a 700-foot radius of the project site and to residents who attended the community meeting hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City's designated community posting sites. 10. On November 19, 2019, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 11. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. That all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the Project set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 22.58.040, 21.20.080, 22.481 22.30.050, and 22.36.060 this City Council hereby finds and recommends as follows: Conditional Use Permit Findinqs (DBMC _Section 22.58.040) 1. The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The proposed development is subject to a Planned Development Overlay district to allow for modifications to the City's development standards. The Project complies with the development standards in the C-3 zone with the exception of the modifications requested as follows: • Exceed building height limit to allow a 64' high, four-story hotel and 55'- 2" high, three-story office buildings (where 35 feet is the maximum allowed). • Reduce the parking requirement to allow 289 spaces (where 299 spaces are required). • Deviate from the parking design standard by reducing the size of 53 parking spaces to 8'X16' to allow for compact spaces (where 9'X19' is required). The Planned Overlay District allows for the modifications based on the site design and is deemed to be the best layout due to the size and configuration of the lot. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The proposed C-3-PD zoning district allows for large-scale commercial uses serving residents and businesses within the region including a broad spectrum of land uses including hotels and offices, and will be consistent with the proposed General Plan land use designation of General Commercial (C). There is no specific plan proposed as part of this development. 3. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. Staff strongly recommended relocating the hotel and three-story office buildings to the southern boundaryin order to push the buildings as far away from the existing residential properties across the flood control channel and alleviate any potential privacy and shade and shadow concerns from the height of the buildings. The modifications to the Project allow the buildings to be located closest to the south property line by allocating the floor areas vertically, share parking between the parcels, and comprise the rear portion of the parking lot with compact stalls. The Planned Development Overlay District allows for the modifications based on the site design and is deemed to be the best layout due to the size and configuration of the lot. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The Project will be consistent with the proposed General Plan land use designation of General Commercial and the zoning designation of Regional Commercial -Planned Development Overlay, which allows for the development of hotel and office uses. The Project Site is located within an urbanized area adequately served by existing roadways and infrastructure. The Project will not cause any intersections or street segments in the vicinity to operate at unacceptable level of service with the mitigation measures and improvements required as part of the Project approval. All utility services IN be provided to the property. The site is primarily surrounded by existing single-family residential development to the north, east, and west, the 60 freeway to the south, and existing commercial development to the northwest. The northerly and easterly residential properties are separated by a 5046ot wide Los Angeles County flood control easement and the westerly residential properties are separated by Brea Canyon Road. The Project is designed to minimize the negative impacts on the surrounding homes to the north. The perimeter of the site is appropriately screened with landscaped buffering on all sides. Although the existing trees located along the north property line, adjacent to the County flood control channel will be removed, the applicant will be installing a landscaped buffer area with large 36-inch box, double row of canopy trees to provide screening for the residential homes on Lycoming Street and Dryander Drive, located directly across the flood control channel. At its nearest location, the hotel building will be located approximately 246 feet away from the nearest single-family home, and the three-story office building will be located approximately 132 feet away. The windows are inoperable and no exterior walkways or balconies are provided on either building. In order to avoid or minimize potential visual intrusion and the proposed buildings casting shadows on the nearby residential properties, the placement of the hotel and three-story office buildings were relocated to the southern boundary of the lot, away from the residential homes to the north. Therefore, the property is physically able to accommodate the Project. 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Prior to the issuance of any City permits, the Project is required to comply with all conditions within the approval resolutions, and the Building and Safety Division and Public Works Departments, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure public health, mprovements in the vicinity. safety or welfare i that the Project is not detrimental to the or materially injurious to the properties or 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on September 19, 2019, with the State Clearinghouse and the Los Angeles County Clerk. The notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The notice was also mailed to adjacent public agencies and residents who attended the community meeting. Pursuant to CEQA Section 15105, the public review period for the MND began on September 20, 2019) and ended October 19, 2019. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the City Council makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan. The Project involves the subdivision of the lot into four separate parcels and the condominium subdivision of air space for two office buildings. The three-story office building will subdivide air space for 34 medical and general office units, and the one level medical office building will subdivide air space for two medical office units. The current General Plan land use designation for the Project site is Professional Office (OP) and will change to General Commercial (C) to allow for a new commercial development consisting of a 109-room, four-story hotel; a 47,642 square -foot, three-story office building, and an 8, 900 square -foot one level medical office building. A zone change is also being requested to change the zoning district from Light Industry (1) to Regional Commercial -Planned Development Overlay District (C-3-PD) in order to bring the existing General Plan land use designation and Zoning into conformance with each other. The Project site is not a part of any specific plan. 2. The site is physically suitable for the type and proposed density of development. The Project will be consistent with the proposed General Plan land use designation of General Commercial (C), which allows for regional, freeway - oriented, and/or community retail and service commercial uses. The Project is located within an urbanized area adequately se►ved by existing roadways and infrastructure. Therefore, the property is physically able to accommodate the proposed development. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems. The proposed subdivision or type of improvements are not likely to cause serious public health or safety problems because the existing site is located in an urbanized area and is consistent with other similar improvements in the area. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. The Project site has a Caltrans storm drain easement that runs diagonally through the site from the south to the existing northern Los Angeles County flood control channel that will be relocated. Storm drain connections to and/or construction activities encroaching into a LACFCD easement require a County permit. 6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. As part of the environmental review process, the City received will -serve letters from the Walnut Valley Water District and the County Sanitation Districts of Los Angeles County, The Project is conditioned to obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions. The Project is not located within any known landslide hazard area, and all buildings will conform to applicable earthquake design regulations in the 2016 California Building Code as well as conform to and be consistent with the recommended seismic parameters and recommended design and development standards identified in the preliminary geotechnical report. A preliminary geotechnical report was submitted and indicated a potential for liquefaction of layers of sandy soils at the northwest corner of the project site. A mitigation measure is included in the Mitigation Reporting and Monitoring Program to reduce any potential hazards and liquefaction settlements. 8. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act. The Project is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. Development Review Findings (DBMC Section 22.481 7. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The Project is consistent with the applicable elements of the City's General Plan, City Design Guidelines and development standards by meeting all of the required setbacks, except for the Development Code's building height, parking requirement, and parking design standard. The modifications to the Project allow the buildings to be located closest to the south property line by allocating the floor areas vertically, share parking between the parcels, and comprise the rear portion of the parking lot with compact stalls. The Project, as designed, is deemed to be the best layout due to the size and configuration of the lot. The Project is designed in a contemporary modern style of architecture and incorporates principles of the modern architecture by its simplicity of building form and windows with nonsuperfluous details. The Project provides 360-degree architectural articulation with a high level of attention to building details and finishes as well as incorporate signage to be compatible with the design motif of the buildings. The project site is not a part of any theme areas, specific plans, community plans, boulevards or planned developments. 8. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The Project will not interfere with the use or enjoyment of neighboring existing or future developments because the Project has been designed to minimize the negative impacts on the surrounding homes to the north. The tallest buildings are located at the southern boundary of the lot, farthest away from the residential properties to the north. The perimeter of the site is also appropriately screened with landscaped buffering on all sides. The Project will not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service with the following traffic improvements required to be constructed: • Raised landscaped central median along Brea Canyon Road in order to prevent vehicles from turning left exiting the Project site as well as those traveling southbound along Brea Canyon Road from turning left into the Project site. • Restriping of the northbound approach to westbound Lycoming Street along Brea Canyon Road to the north of the Project's driveway to provide an additional exclusive westbound left -turn lane. • In response to the addition of a second exclusive left -turn lane to the west of Brea Canyon Road, along Lycoming Street, the restriping of the westbound lane to accommodate two receiving lanes. • Relative to eastbound Lycoming Street, west of Brea Canyon Road, restriping of the existing eastbound shared left/through/right-turn lane to provide an exclusive left -turn lane and a separate shared through/right- turn lane. 9. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan. The Project is designed to be compatible with the surrounding neighborhood and minimize any potential negative impacts but also elevates the architectural character of the area. The architectural style is a contemporary modern style and designed to incorporate principles of the modern architecture by its simplicity of building form and windows with nonsupen`luous details. The Project provides 360-degree architectural articulation with a high level of attention to building details and finishes as well as incorporate signage to be compatible with the design motif of the buildings. The Project will also construct attractive streetscape improvements along the Project frontage such as street trees, decorative interlocking pavers and theme rails. The design and appearance of the Project is compatible and will enhance the surrounding community. 10. The design of the proposed development will provide a desirable environment for its occupants and visng public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing. See Response 9 above. 11. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of any City permits, the Project is required to comply with all conditions within the approval resolutions, and the Building and Safety Division and Public Works Departments, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 12. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on September 19, 2019, with the State Clearinghouse and the Los Angeles County Clerk. The notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The notice was also mailed to adjacent public agencies and residents who attended the community meeting. Pursuant to CEQA Section 15105, the public review period for the MND began on September 20, 2019, and ended October 19, 2019. Parking Permit Findings (DBM section 22.36.060 1. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved. Based on parking studies assessing the projected peak parking demands, and parking utilization data/surveys for the hotel component with the office uses, the Project will adequately meet the overall parking demand by providing 289 spaces for all uses. To ensure that adequate parking is available for customers and employees of the Brea Canyon Business Center, a Parking Management Plan will be developed that identifies the proposed employee parking spaces and key management strategies such as short term/time restricted spaces to maximize the availability of parking for customers and employees of the center. The applicant is required to submit a reciprocal parking and access agreement governing the use and access of all common driveways, parking, and easement areas prior to the issuance of building permits. 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses). See Response 1 above. Since there is a deficit number of parking spaces when shared parking dynamics are not factored in, staff required a parking study to analyze the parking demand through the application of a shared parking concept. The applicant submitted a parking study that provides parking demand calculations based on survey data collected at a similar hotel site and the Urban Land Institute's Shared Parking (2nd Edition) methodology signed by a licensed traffic engineer. Comprehensive Sign Program Findings (DBMC Section 22.36.060) 1. The comprehensive sign program satisfies the purpose of this chapter and the intent of this section. The comprehensive sign program satisfies the purpose and intent of the Development Code by integrating the signage with the design of the building and having specific requirements such as size, location, and design requirement for freestanding and building -mounted signs. The comprehensive sign program enhances the overall development by providing size criteria for wall and monument signs that are appropriate to the scale and setbacks of the buildings, and are placed so that they respect and harmonize the architectural elements onto which they will be mounted or constructed. 2. The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to surrounding development. See Response 1 above. 3. The comprehensive sign program accommodates future revisions which may be required due to changes in uses or tenants. The comprehensive sign program accommodates future revisions by having minor changes reviewed by staff and the Community Development Director, and any major changes to be reviewed by the Planning Commission. 4. The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of this chapter. The comprehensive sign program complies with the standards of DBMC Chapter 22.36 and will enhance the overall development through consistency with the City's Design Guidelines for commercial signage, uniformity and easy identification of the signs, and neighborhood compatibility. Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 22.58.040, 21.20.080, 22.48, 22.30.050, and 22.36.060, this City Council hereby finds and approves the Conditional Use Permit, Tentative Parcel Map No. 82066, Development Review, Parking Permit, and Comprehensive Sign Program, subject to the following conditions, and the attached Conditions of Approval: A. GENERAL 1. The development shall comply with the Conditions of Approval attached hereto and referenced herein. The following Conditions of Approval, including the Standard Conditions of Approval attached hereto, shall be binding on and enforceable against, and, whenever used herein, the terms "applicant"owner and/or "applicant/owner" shall mean and refer to, each of the following: the project applicant, the owner(s) and tenants(s) of the property, and each of their respective successors and assigns. 2. This approval shall not be effective for any purpose until the applicant/owner of the property involved has filed, within twenty-one (21) days of approval of this Conditional Use Permit, Tentative Parcel Map No.82066, Development Review, Parking Permit, and Comprehensive Sign Program Planning Case No. PL2017-169, at the City of Diamond Bar Community Development Department, an affidavit stating that the applicant/owner is aware of and agrees to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays the remaining City processing fees. 3. The development shall comply with the Mitigation Reporting and Monitoring Program for the Mitigated Negative Declaration. 4. All on -site utilities shall be placed underground at the time of development. 5. All landscaping on the site shall comply with the City's Water Conservation Landscaping Ordinance. 6. The applicant shall comply with Diamond Bar Municipal Code Section 22.34.050. A permanent maintenance program shall be implemented ensuring regular irrigation, fertilization, and weed removal. All landscaping shall be maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. Provisions for ongoing maintenance of all areas of the Subject Property under the jurisdiction of a future property owners association shall be set forth in the association CC&Rs, which shall be subject to review and approval by the City prior to final map recordation. 7. All visible vents, gutters, down spouts, flashings, and the like shall match the color of the building, unless expressly designed as complementary architectural features. 8. Pursuant to Government Code Section 66020, the Applicant is informed that the 90-day period in which the Applicant may protest the fees, dedications, reservation or other exaction imposed on this approval through the conditions of approval has begun. B. TENTATIVE MAP 1. The development shall carry out the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance. 2. The development shall secure compliance with the requirements of the Subdivision Ordinance and the General Plan and shall comply with the Conditions of Approval attached hereto and referenced herein. 3. Any designated remainder parcels shall not be subsequently sold or further subdivided unless a certificate or conditional certificate of compliance (Chapter 21.28) is obtained in compliance with the Subdivision Ordinance. 4. Prior to final map approval, the Covenants, Conditions, and Restrictions (CC&R's) that govern the four parcels as well as the condominium units within the office buildings shall be reviewed and approved by the Planning Division, Public Works Department and City Attorney. C. ®EVEL®PMENT REVIEV!! 1. This approval is for the site plan, elevations, exterior materials, and conceptual landscape plans for a new commercial development to be constructed at 850 S. Brea Canyon Road, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions in this Resolution. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the City Council, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Development Review submittal, the plans may require further staff review and re -notification of the surrounding property owners, which may delay the project and entail additional fees. 3. Prior to building permit issuance, landscape and irrigation plans shall be submitted for review and approval by the City's Consulting Landscape Architect for compliance with the City's Water Conservation Landscaping Ordinance. 4. All existing public improvements damaged during construction shall be repaired or replaced upon project completion. 5. Prior to the issuance of building permits, all lighting fixtures shall be approved by the Planning Division as to type, orientation, and height. A detailed on -site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division. Such plan shall indicate type, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 6. Prior to the issuance of a grading permit, the Applicant shall submit and, when deemed acceptable, the City Engineer shall approve a construction worker parking and equipment staging plan (PESP) designed to minimize disturbance to the surrounding residences to the greatest extent feasible. Unless otherwise authorized therein, contractors and other construction personnel performing construction activities in proximity to the project site shall be prohibited from parking and/or operating construction equipment, dumpsters, trailers, or other material within a public right-of-way or other public property. The PESP can be combined with or become a part of the construction traffic safety plan and/or any other construction management plan as may be required by the City. 7. Prior to the issuance of a grading permit, the Applicant shall submit and, when deemed acceptable, the City Engineer shall approve a construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes to be used by construction vehicles; the points of ingress and egress for all construction vehicles; temporary street or lane closures, temporary signage, and temporary striping; location of materials and equipment staging areas; maintenance plans to remove spilled debris from roadway surfaces; and the hours during which large construction equipment may be brought on/off the project site. The Applicant shall keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. The use of local streets shall be limited only to those that provide direct access to the destination. Haul trucks entering or exiting public streets shall at all times yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. 8. Prior to the issuance of a grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), the California Department of Transportation's "Manual of Traffic Controls for Construction and Maintenance Work Zones," or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and non -vehicular access along local roadways throughout the construction period. If any temporary access restrictions or lane closures are proposed by the Applicant, the TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. The TCP can be combined with or become a part of the construction traffic safety plan and/or any other construction management plan as may be required by the City. 9. Prior to the issuance of a grading permit, the Applicant shall submit to the Building Official for review and approval a temporary fencing and signage plan designed to discourage access to any active construction areas by children and other unauthorized parties. D. PARKING PERMIT 1. Prior to final map approval, submit a reciprocal parking and access agreement governing the use and access of all common driveways, parking and easement areas. The agreement shall be reviewed and approved by the City Attorney. 2. Prior to the issuance of building permits, submit a Parking Management Plan that identifies the employee parking spaces and key management strategies such as short term/time restricted spaces to maximize the availability of parking for customers and employees of the center. 3. Prior to the issuance of building permits, submit a Transportation Demand Management (TDM) program to encourage increased ridesharing and the use of alternative transportation methods [DBMC Section 22.40.030(2)(b)]. A TDM program shall include the following measures: a. Carpool/vanpool preferential parking. At least 10 percent of the employee parking spaces shall be designated for carpool vehicles by marking the spaces "Carpool Only." Carpool spaces shall be used only by carpool vehicles in which at least two of the persons are employees or tenants of the project. Spaces shall be located near the structure's employee entrance(s) or other preferential locations within the employee parking areas as approved by the director. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining preferential spaces shall be included on the required transportation information board. b. Bicycle Parking. A bicycle parking/storage area shall be provided for the use by employees, located in a secure location in close proximity to employee entrances. The minimum number of bicycle parking spaces to be provided shall be three spaces for each 100 employees or fraction thereof. This requirement is in addition to bicycle parking requirements for the public. c. Pedestrian Access. Sidewalks and other paved pathways shall be provided on -site to connect off -site external pedestrian circulation systems. d. Commuter Matching Service. Commuter matching services for ridesharing and carpooling shall be provided to all employees on an annual basis and all new employees upon hiring. e. Carpool/vanpool Loading Zones. A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers shall be provided near employee entrances. f. Transit Waiting Shelters. Bus pullouts, bus pads and bus shelters III ay be required by the City. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to Philip Lee of Lycoming, LLC, 17777 Center Court Drive, Suite 725, Cerritos, CA 90703. PASSED APPROVED AND ADOPTED this 19th day of November, 2019. Signatures on the following page. Carol Herrera, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 19t" day of November, 2019, by the following vote: AYES: COUNCIL MEMBER: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: None Kristina Santana, City Clerk COMMUNITY DEVELOPMENT DEPARTMENT USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: SUBJECT: PROPERTY OWNER(S)/ APPLICANT. LOCATION: Conditional Use Permit, Tentative Parcel Map No. 82066 Development Review, Parking Permit, and Comprehensive Sign Proclram No. PL 2017-169 To construct a new commercial develo ment consisting of a 109-room, four-story hotel; a 47,642 square -foot, three - story office building; and an 8,900 square -foot, one level medical office buildin Philip Lee of Lycomin� LLC, 17777 Center Court Drive #725, Cerritos, CA 90703 850 S. Brea Canyon Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set -aside, void or annul the approval of Development Review and Variance No. PL 2017-169 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City 's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit, Tentative Parcel Map No. 82066, Development Review, Parking Permit, and Comprehensive Sign Program No. PL 2017-169 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2019-XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all partied involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. 1. The approval of Conditional Use Permit, Tentative Parcel Map No. 82066, Development Review, Parking Permit, and Comprehensive Sign Program shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBMC Section 21.20.140 and 22.66.050(b)(1). The applicant may request in writing a one year time extension subject to DBMC Sections 21.20.150 and 22.66.050(c) for City Council approval. D. SITE DEVEL®PMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof -mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 5. No occupancy permit can be granted, until all improvements required by this approval have been properly constructed, inspected, and approved. 6. If any aspect of construction requires the use of an easement on a third party's property or the use of an easement granted to a third party on the applicant's property, the applicant must provide the City with correspondence/proof documenting that the easement has been granted before any building permits will be issued. 7. Prior to placement of any construction trailers, the applicant shall submit a site plan showing placement of the construction trailers and shall agree to abide by all conditions of approval required by the Community Development Director. 8. Prior to issuance of a building permit, the location, size, and screening of all building utility service connections, including water, gas, and electric service, fire service, and irrigation connections shall be approved by the Community Development Director. All changes to building utility connections shall be approved by the Community Development Director prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign all plans submitted to the City which locate, size and/or screen utility connections. 9. Additional plant materials may be required by the Community Development Director and shall be planted prior to final occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc., to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected. 10. All parking spaces shall comply with the standards for adequate depth, width, and turning radius as set forth in DBMC Section 22.30.070. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to ensure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted and approved by the City, uploaded to number shall be acquired from the construction permits. the State's SMARTS system, and a WDID California Water Board prior to issuance of 2. The applicant shall comply with Low Impact Development (LID) requirements to the satisfaction of the City Engineer. The LID Plan will be required to comply with the 2012 MS4 Permit, The LID Plan shall be approved prior to grading permit issuance and/or building permit issuance for new structures. 3. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 4. St1e%0 /Pub -of -Way Dedications along Brea Canyon Road shall be approved by the City Council and Recorded with the Los Angeles County Recorder's Office prior to issuance of Certificate of Occupancy. 5. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 6. Prior to any work performed in the street right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required. 7. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 8. Approval shall be obtained for all off -site improvements from the affected property owner and the City as required by the City Engineer. B. SOILS REPORT/GRADING 1. At the time of submittal of the 40-scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40-scale final grading plan as a base. i) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 2. No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation or grading permit issuance, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. The applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 5. Finished slopes shall conform to City Code Section 22.22.080-Grading. 6. All slopes in excess of five (5) feet in height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 7. All easements shall be clearly identified on the grading plan. 8. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 9. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6-foot high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 12. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 13. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 14. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 15. Apre-construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 16. Rough grade certifications by project soils and civil engineers shall be submitted prior to issuance of building permits for the foundation of the structure(s). Retaining wall permits may be issued without a rough grade certificate. 17. Final grade certifications by project civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/Certificate of Occupancy respectively. 18. Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. C. DRAINAGE 1. Detailed drainage system information of the lot shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on -site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer. 3. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 4. If necessary, prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. D. OFF -SITE STREET IMPROVEMENTS/TRAFFIC MITIGATIONS 1. All off -site improvements, including streetscape and striping improvements, shall be constructed per the approved off -site entitlement plans to the satisfaction of the City Engineer prior to issuance of Certificate of Occupancy. 2. A decorative crosswalk shall be constructed to connect the public sidewalk across the project driveway. 3. Prior to building permit issuance, sufficient right-of-way shall be dedicated to the City to accommodate the following improvements. a. The sidewalk between the 60 FWY and the project driveway shall be widened to 8 feet. b. A deceleration lane shall be constructed for northbound traffic on Brea Canyon to enter the project site through the driveway. 4. Prior to issuance of Certificates of Occupancy, there shall be a 30-day plant establishment period and a subsequent 90-day landscape maintenance period (120 days total) to establish the newly installed landscaping to the satisfaction of the City. 5. Intersection improvements shall be constructed at the intersection of Brea Canyon Road and Lycoming Street in accordance with the Year 2020 Year Cumulative Plus Project Recommended Improvements (Figure 11-3 of the Approved TIA). 6. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 7. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite construction. 8. Prior to the recordation of the final tract map, the Applicant shall provide, to the satisfaction of the City Engineer, the Applicant's fair -share contribution toward the cost of the improvements of the impacted intersections as defined in Tables 11- 2 and 11-3 of the approved Traffic Impact Analysis dated August 23, 2019. Fair share contributions shall be paid directly to the impacted agency. Proof of payment shall be provided to the City. 9. Prior to issuance of Certificates of Occupancy, the Applicant shall install and maintain approved landscaping within the Caltrans RAN directly adjacent to the project site. A Landscape Maintenance Agreement shall be executed per Caltrans requirements between the City and Caltrans. A second Landscape Maintenance Agreement shall be executed between the property owner and the City, outlining that the landscaping will be the property owner's responsibility to maintain. 10. An encroachment/access permit shall be acquired form Caltrans for the property owner to maintain the landscaping. 11. The Streetscape Plan shall be addressed to the satisfaction of the Public Works Director prior to approval. 1. The portion of the storm drain that is within the property is privately owned and shall be maintained by the property owner. Include language in the CC&Rs outlining full storm drain ownership and maintenance responsibilities. 2. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purpose shall be offered and shown on the detailed site plan for dedication to the City or affected utility company as deemed necessary. 3. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 4. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary I mprovements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 5. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 6. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 7. Applicant shall relocate and underground any existing on -site utilities to the satisfaction of the City Engineer and the respective utility owner. 8. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1. Each building unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the County sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works. Surety shall be provided and an agreement executed prior to approval of the final map. 2. Applicant shall obtain connection permits) from the City and County Sanitation District prior to issuance of building permits. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City and, if necessary, the Los Angeles County Public Works Department. Sewer plans related to Los Angeles County maintained facilities shall be submitted for review and approval by the City Public Works Department. All other privately maintained sewers shall be submitted for review and approval by the City Building and Safety Division. G. FINAL MAP 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 6. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 7. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City 8. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 9. Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the Subdivision, practical access for the intended use. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL CONDITIONS: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e. until December 31, 20191 the 2016 CBC series applies and on January 1, 2020, the 2019 CBC series applies) requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for CAL Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CAL Green Code. B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL: 3. The minimum design load for wind in this area is 110 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements %J the State of California Energy Commission consistent with Subchapter 6 of the California Energy Code. 5. Public Works/Engineering Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining wall(s) locations. These plans shall be consistent with the site plan submitted to the Building & Safety Division. 6. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 7. "Separate permits are required for pool, spa, detached trellises and gazebos, fountains, retaining walls, and fences over 6in height" and shall be noted on plans. 8. An exit analysis shall be provided during plan check, showing occupant load for each space, exit width, exit signs, etc. 9. There shall be design for future electrical vehicle charging including circuitry in the electrical panel and future conduit. 10. Number of plumbing fixtures shall be in compliance with CPC T-422. 11. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square footage b. Each building height c. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior wall construction/ opening protection 12. Plans shall reflect adequate exit requirements. The distance between required exits shall be meet the required diagonal distance separation per CBC 1007.1.1. The office building stairs shall be separated at least the Y2 or 1/3 the diagonal distance as applicable. 13. All easements shall be shown on the site plan. 14. The paths of travel shall be coordinated between civil and architectural plans to have no more than a 2% cross -slope and a 5% slope in the path of travel unless by a ramp. These paths of travel shall be maintained between buildings and the public way. 15. ADA parking stall sizes shall meet dimensions specified in CBC 11 B-502 including a larger width for van spaces distributed throughout the site. 16. Fire Department approval shall be required. Contact the Fire Department for specific requirements. 17. LA County Industrial Waste and Health approval will be required for any food preparation areas. 18. All retaining walls shall be separately submitted to the Building &Safety and Public Works/Engineering Departments for review and approval. ' 19. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 20. Design for future electric vehicle charging and solar ready roof shall be provided. 21. Swimming pools shall be ADA accessible with a lift, ramp, or equal consistent with CBC 11 1:5-1009. 22. All ADA rooms in the hotel shall meet requirements listed in CBC 11 B-224 and 806 including required hearing impaired rooms. 23. Sound levels within each hotel room shall meet sound attenuation requirements listed in CBC 1207.2 through 1207.4 between units, common areas, and outside. 24. A commissioning report and design is required per CALGreen 5.410.2. 25. Bicycle parking is required per CALGreen 5.106.4. 26. Where passenger drop off zones are present, they shall be ADA accessible consistent with CBC 11 B-503.3 for striping, path of travel, signage, and related features. 27. The medical office ADA parking shall be increased where the use is for hospital outpatient or rehabilitation as listed in CBC 11 B-208.2. 28. The percentage of protected and unprotected openings shall be in conformance to CBC Table 705.8 at the north side of the medical office. C. PERMIT — ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE: 2us Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 30. All food establishments shall obtain Los Angeles County health and environmental waste permits. 31. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 32. Submit grading plans clearly showing all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 33. LA County Sanitation District approval shall be obtained for connection of the sewer line. 34. SCAQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 35. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. 36. LA County Health and Industrial Waste approval is required prior to permit issuance of any food establishment. D. CONSTRUCTION —CONDITIONS REQUIRED DURING CONSTRUCTION: 37. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 38. Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one -hundred -eighty (180) days after permit issuance, and if a successful inspection has not been obtained from the building official within one - hundred -eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 39. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 40. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 41. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. 42. The location of property lines and building pad may require a survey to be determined by the building inspection during foundation and/or frame inspection. 43. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 44. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 45. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 46. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering Department. Surface water shall drain away from the building at a 2% minimum slope. The final as -built conditions shall match the grading/drainage plan or otherwise approved as -built grading/drainage plan. 47. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 48. Footings shall be deepened where required to avoid underground storm drains or infiltration basins or other underground structures. 49. Pool barriers shall be maintained at all times. 50. ADA access aisle striping shall be at least 8' wide for van and 5' for conventional or as required per CBC 11 B-502.2. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. FINAL MAP CONDITIONS OF APPROVAL 1. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky. 2. The Private Driveways proposed as private streets for access throughout the development shall be labeled as "Private Driveway" on the Final Map. The portion of the private driveway intended for fire apparatus access shall be identified as "Fire Lane" on the Final Map. All widths and dimensions shall be clearly delineated with a reciprocal access agreement is required for all private driveways. Compliance required prior to Final Map clearance. 3. A reciprocal access agreement is required for all private driveway providing multiple lots and units sharing the same access. Submit documentation to the Fire Department for review prior to the Final Map clearance B. CONDITIONS OF APPROVAL —WATER SYSTEM 1. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal, and shall be installed in accordance with the 2017 County of Los Angeles Fire Code, Table B105.1. 2. The required fire flow for the public fire hydrants for this project is 3500 gpm at 20 psi residual pressure for 2 hours. Two public fire hydrant(s) flowing simultaneously may be used to achieve the required fire flow. Fire Code 507.3 & Appendix B105.1 3. Install Three Private on -site. (as per map dated on 04-09-2019 Flied in the LDU Office). 4. The required fire flow for the new required private on site fire hydrant is 3500 gpm for two hours at 20 psi. 5. All required PUBLIC fire hydrants shall be installed, tested and accepted prior to beginning construction. Fire Code 501 A 6. All required private on -site fire hydrants shall be installed, tested and approved prior to building occupancy. Fire Code 901.5.1 7. Plans showing underground piping for private on -site fire hydrants shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. Fire Code 901.2 & County of Los Angeles Fire Department Regulation 7. 8. All on -site fire hydrants shall be installed a minimum of 25' feet from a structure or protected by a two (2) hour rated firewall. Exception: For fully sprinkled multi- family structures, on -site hydrants may be installed a minimum of 10 feet from the structure. Indicate compliance prior to project proceeding to the public hearing process. Fire Code Appendix C106.1 END